In a civil revision petition, the Kerala High Court dismissed the State of Kerala's challenge to the Taluk Land Board's order exempting specific land from surrender under the Kerala Land Reforms Act, upholding the Board's finding on absolute title.
Civil Revision Petition No. 429 of 2011 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 23RD DAY OF SEPTEMBER 2014/1ST ASWINA, 1936
CRP.No. 429 of 2011 (C)
AGAINST THE ORDER/JUDGMENT IN SR 204/73/KLM/A7 of TALUK LAND BOARD, KOTHAMANGALAM
CIVIL REVISION PETITIONER(S):
STATE OF KERALA REPRESENTED BY THE SECRETARY, STATE LAND BOARD THIRUVANANTHAPURAM.
BY SPL GOVERNMENT PLEADER SMT. SUSHEELA R. BHAT
RESPONDENT(S):
*THE NAME OF THE THIRD RESPONDENT SRI.JOBY MATHEW IS CORRECTED AS TOMY MATHEW AS PER ORDER DATED 12.06.2012 IN IA.NO.1093/12.
R4 & 5,R3 & 6 BY ADV. SRI.THOMAS M.JACOB R4 &5 BY ADV. SRI.AKHIL K.MADHAV R1 BY ADV. SRI.BABU PAUL
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.KEMAL PASHA, J.
................................................................ C.R.P. No. 429 of 2011
............................................................... Dated this the 23rd day of September, 2014
O R D E R
This revision has been preferred the by State of Kerala, challenging that part of the order passed by the Taluk Land Board dated 26.3.2010 in SR.204/73/KLM/A7 whereby the Taluk Land Board has allowed the claim forwarded by respondents 3 to 6 herein, relating to 2 acres and 09.500 cents of land in Sy.No.326/1C of the Keerampara Village, Kothamangalam Taluk.
CRP 429 of 2011
-: 2 :-
of respondents 3 and 4 namely Ouseph Mathai, who is the father-in-law of respondents 5 and 6 , had purchased the said property having an extent of 4.19 acres in Sy.No.326/1C of Keerampara Village, Kothamangalam Taluk, which includes the aforesaid extent of 2.09.500 acres of land, from late Varkey Varghese through sale deed No.2505/54. It has come out in evidence that even much prior to the said sale deed of 1954, the said Ouseph Mathai, Arambankudy and the members of his family were in possession of the said properties. As it is a sale deed much prior to 1963, the said transfer by sale is not hit by the provisions of Section 84 of the Kerala Land Reforms Act. It seems that their claim was correctly considered by the Taluk Land Board and a correct decision with regard to the same has been arrived at.
CRP 429 of 2011
-: 3 :-
Keerampara Village. The Taluk Land Board, after due enquiry, has found that the said land was in the possession of the applicants and they have obtained absolute title in 1954. Therefore, the Taluk Land Board has rightly exempted the said land from the land to be surrendered by the declarant. The said order does not suffer from any illegality, irregularity or impropriety and therefore, the same is not liable to be interfered with. Matters being so, this CRP is devoid of merits, and is only to be dismissed, and I do so.
In the result, this CRP is dismissed.
Sd/- B.KEMAL PASHA, JUDGE
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the Civil Revision Petition challenging the Taluk Land Board's exemption of land from surrender requires interference.
Whether the land acquired by the declarant prior to 1963 is hit by the provisions of Section 84 of the Kerala Land Reforms Act.
1 provisions across 1 enactments
State of Kerala Represented by the Secretary, State Land Board Thiruvananthapuram
Santha Mathew
Jose Mathew
Joby Mathew
Johnny Mathew
Annie Mathew
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
